Market stabilization rule could collapse the ACA exchanges
By Virgil Dickson
April 14, 2017 - Modern Healthcare
Insurers are reeling from regulatory changes to the individual insurance 
market that they say will lower revenue and does nothing to address their 
biggest financial concerns.
A final rule released Thursday was supposed to help stabilize the marketplace 
created by the Affordable Care Act in lieu of any resolution to repeal and 
replace the healthcare reform law.
But the insurance industry immediately reacted with fear, saying the moves 
would reduce enrollment and therefore sales. The result could leave hospitals on 
the hook for more uncompensated care.
The White House finalized a rule Thursday that attempted to pacify insurers 
who said they needed some stability in the individual 
marketplace before they committed to selling plans in 2018.
The rule cuts open enrollment to six weeks from three months and makes it 
harder for consumers to gain coverage outside of that period. It also lets 
insurers pay a lower percentage of medical costs and allows them to refuse 
coverage to people who haven't paid their premiums.
Those moves will disproportionately affect low-income individuals, according 
to Emily Evans, a health policy analyst at Hedgeye Risk Management. Of the 9.2 
million people who selected plans on Healthcare.gov this last enrollment period, 
6.5 million had incomes between 100% to 250% of the federal poverty level.
This population tends to have the most trouble accessing cash between 
Thanksgiving and Martin Luther King Day and the least amount of trouble when 
W-2s are issued in January, Evans said. 
The final rule sets the 2018 enrollment period from Nov. 1 to Dec. 15, 
2017.
Evans believes the rule will significantly limit participation in the 
exchange plans.
Kaiser Permanente noted the same and worried the shortened enrollment window 
would reduce plan sales, which would impact the overall risk pool and could 
result in higher premiums.
Further, the new open enrollment dates overlap with Medicare open enrollment 
which is from October 15 - December 7th.
Insurance brokers, who have historically signed up at least 
half of Healthcare.gov enrollees during open enrollment, say they intend to 
shift focus and resources to the more stable and lucrative Medicare, according 
to Michael Levin, Co-Founder and CEO of Vericred, a healthcare data services 
company.
"This will result in fewer brokers and other advisors helping individuals in 
what will arguably be one of the most difficult open enrollment periods," Levin 
said. 
Experts are also saying it appears that the rule will do little to stop the 
exit of insurers from the individual market. The two key issues that insurers 
care most about are whether the administration will enforce the individual 
mandate and whether the payment of cost sharing subsidies will continue.
"If insurers are to plan ahead and develop networks and products to serve 
this population well over time, they need to know that the (federal and state) 
marketplaces will be there for at least several years and what subsidies will be 
available to make insurance affordable for purchasers," said Alice Rivlin, a 
senior fellow in economic studies and the Center for Health Policy at the 
Brookings Institution.
The insurance industry's two biggest concerns remain outstanding. The rule 
doesn't address the individual mandate at all and only indirectly addresses cost 
sharing subsidies.
Right now, silver plans must cover at least 68% of costs, with the rest 
coming out of consumers' pockets. The final rule drops that amount to 66%, 
resulting in cheaper plans but up to $1,000 more out of pocket for 
consumers.
To offset these costs, the administration suggested increasing by $200 
million to $400 million the subsidy funds provided to enrollees in 2018.
However, the increase in cost sharing reductions was added to the rule by CMS 
actuaries who must score the impact of rulemakings based on existing law. As 
such, insurance companies shouldn't look at that part of the rule as an 
assurance that the money will be paid, according to Edmund Haislmaier, a senior 
fellow at the Heritage Foundation.
A federal district judge in a lawsuit brought by House Republicans found the 
federal payments for the cost-sharing reductions unconstitutional. President 
Donald Trump could drop the Obama administration's appeal of the ruling and halt 
the payments. He warned last week that he might do that if Democrats don't 
negotiate with him on repealing and replacing the ACA.
Removing the subsidies would lead to a collapse of the market plans, experts 
say. 
"The continuation of cost sharing reductions is vital to ensuring that plans 
remain in these markets and that premiums, which continue to rise as a 
reflection of increasing health care costs, remain affordable to the millions of 
Americans who pay for their own insurance," said Charlie Sheffield, executive 
director of the Colorado Association of Health Plans.
The collapse of the individual market would be another way to force 
Democrats' hand, Trump has said.
Still, health plans say the rule is a first step at addressing the concern of 
sicker people flooding the marketplace to pick up insurance for the sole purpose 
of covering expensive services and then dropping coverage.
"The rule should help improve the functioning of the individual market, and 
our members are thankful to see improvements on special enrollment periods and 
greater flexibility in product design," said Dominick Pallone, executive 
director of the Michigan Association of Health Plans.